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ITAT deletes section 271F penalty as delay was due to death of CA

May 8, 2023 6198 Views 0 comment Print

Nagarathinam Rajendran Vs ITO (ITAT Chennai) Since the assessee could not file his return of income under section 139(1) of the Act, the Assessing Officer issued notice under section 274 r.w.s. 271 F of the Act. There was no response from the assessee against the penalty notice. Since, the assessee failed to file his return […]

Jurisdiction to levy penalty u/s 271(1)(c) fails for non-application of mind by AO

May 8, 2023 2358 Views 1 comment Print

Dinesh Sitaram Patil Vs ITO (ITAT Pune) We note that, while culminating the reassessment proceeding in the case of the assessee, the Ld. AO vide concluding para placed at page 4 of his order communicated the assessee his action of initiating the penalty proceedings u/s 271(1)(c) of Act for ‘under reporting / mis-reporting’ of income […]

Cash deposited during demonetization: ITAT allows deduction of returned income against peak credit balance

May 8, 2023 4878 Views 0 comment Print

Jatinderpal Singh Vs ITO (ITAT Amritsar) Relying on the decision of ITAT Amritsar in the case of Kulwant Singh v. ITO in ITA No. 519/Asr/2014 dated 19.02.2015 appellant submitted that the credit of the income returned by the assessee should have been allowed from the peak credit balance sustained by the CIT(Appeal). It was submitted […]

State Govt Undertaking Employee cannot be treated as State Govt Employee for Gratuity & LTA Exemption

May 8, 2023 2289 Views 0 comment Print

State Government Undertaking may be considered as a State instrumentality within the definition of article 12 of Constitution of India, the same cannot be treated as Central or State Government

Section 40A(3) not applies to cash payments deposited in bank account of payee

May 6, 2023 9945 Views 0 comment Print

ITAT Kolkata held that provisions of section 40A(3) of the Income Tax Act doesn’t apply to cash payments when ultimately the amount is deposited in the bank account of the payee.

Deduction u/s 10B available against interest on bank deposits, receipts of subsidy and insurance claim

May 6, 2023 3450 Views 0 comment Print

ITAT Delhi held that interest on bank deposits, receipts of subsidy and insurance claim are eligible to be included in profits of 100% export oriented unit for purpose of claiming deduction under section 10B of the Income Tax Act.

Addition of unexplained closing cash balance unsustained as cash was generated from agricultural activity

May 6, 2023 828 Views 0 comment Print

ITAT Ahmedabad held that addition towards closing cash balance as unexplained cash credit u/s 68 unsustained as cash was generated from agricultural activity and revenue failed to discharge the onus of disproving the said contention of the assessee.

Section 54F exemption eligible on payment on behalf of Assessee by Husband & Son

May 6, 2023 4047 Views 0 comment Print

Section 54F does not require one to one co-relation between capital gain arising out of transfer of long term capital asset and utilisation thereof for purchase /construction of residential house.

ITAT deletes addition for cash deposit during demonetization as appellant duly explained deposits

May 6, 2023 5409 Views 0 comment Print

Jet Freight Logistics Limited Vs CIT Appeal (NFAC) (ITAT Mumbai) It is evident that assessee is in continuous need for payment of cash at various point of time and hence, assessee had to withdraw cash in order to satisfy its business requirements. Moreover, the assessee has got 9 branches all over India and such cash […]

Addition u/s 69 based on loose papers sustained on failure to contradict facts found during search

May 5, 2023 879 Views 0 comment Print

ITAT Mumbai held that addition under section 69 of the Income Tax Act on unaccounted, undisclosed income on the basis of the seized loose papers sustained as assessee failed to discharge his onus by contradicting the facts found during search proceedings.

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